Contract of Sale
6. Rehoming of the dog
6.01. Reselling, Gifting, or Transfering
Once the PUPPY is collected, the BUYER(S) are the legal owner/s of the PUPPY and have every right to RESELL, GIFT, or TRANSFER ownership of the PUPPY, subject to the conditions outlined in this Contract.
6.02. Inform Breeder of Rehoming
The BUYER(S) agree that if, at any stage in the PUPPY’S life, the BUYER(S) needs to rehome the PUPPY, the SELLER will be the first to be informed and the BUYER(S) will, if the SELLER requests, return the PUPPY to the SELLER. The SELLER will offer every reasonable assistance to find a new home.
6.03. Surender into an Animal Shelter
IN NO CASE will this PUPPY be turned over to an animal shelter throughout its life unless the SELLER is notified prior.
6.04. Prohibition of Puppy Milling/Farming
IN NO CASE is the PUPPY to be resold or transferred for puppy milling/farming purposes. A puppy mill is defined as: “a dog breeding operation in which the health of the dogs is disregarded in order to maintain a low overhead and maximize profits.” (Avenson v. Zegart, 577 F. Supp. 958, 960 (D. Minn. 1984)). The BUYER agrees to ensure the PUPPY is not placed in such an environment.
6.04.1 Breach and Liquidated Damages
The BUYER expressly warrants that they are acquiring the PUPPY for themselves and for the sole purpose of companionship, not for resale, transfer, or placement with any third party engaged in puppy milling/farming, nor for any purpose that would constitute a breach of Clause 6.04. Should the BUYER, or any third party acting on the BUYER’S behalf (whether directly or indirectly), resell, transfer, or place the PUPPY in a puppy mill or for puppy milling/farming purposes, the BUYER shall be in immediate and material breach of this Contract.
In such an event, the BUYER agrees to pay the SELLER liquidated damages in the amount of $15,000.00 AUD as a genuine pre-estimate of the loss and damage suffered by the SELLER. This loss includes, but is not limited to, severe damage to the SELLER’S ethical standing and reputation, the profound emotional distress, the cost of potential legal and remedial actions required, and the inherent welfare compromise of the PUPPY. This sum is not a penalty. The SELLER reserves all other rights and remedies available at law or in equity.
Updated 17/07/2025